|
IOU CENTRAL, INC. VS PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
2D2021-0519
|
2021-02-12
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
17-CA-983-1
|
Parties
| Name |
IOU CENTRAL INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
PAUL G. WERSANT, ESQ.
|
|
| Name |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
BENJAMIN H. YORMAK, ESQ., JEFFREY D. SAM, ESQ., Richard J. Hollander, Esq., HENRY PAUL JOHNSON, ESQ.
|
|
| Name |
HON. LAUREN L. BRODIE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-09
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2021-02-16
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
denial of prohibition ~ Petitioner's petition for writ of prohibition is denied.
|
|
| Docket Date |
2021-02-16
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ CASANUEVA, SILBERMAN, and LABRIT
|
|
| Docket Date |
2021-02-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-02-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2021-02-12
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2021-02-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
IOU CENTRAL, INC. VS PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
2D2021-0107
|
2021-01-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
17-CA-983-0001
|
Parties
| Name |
IOU CENTRAL INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
PAUL G. WERSANT, ESQ.
|
|
| Name |
HON. LAUREN L. BRODIE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard J. Hollander, Esq., MICHAEL R. DAL LAGO, ESQ., STACEY S. FISHER, ESQ., HENRY PAUL JOHNSON, ESQ., BENJAMIN H. YORMAK, ESQ., STEVEN SPRECHMAN, JEFFREY D. SAM, ESQ.
|
|
Docket Entries
| Docket Date |
2022-09-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Appellant's unopposed motion to dismiss appeal with prejudice, attaching theBankruptcy Court's July 29, 2022, order approving the settlement between the partiesand modifying the automatic stay imposed by 11 U.S.C. 362(a) to permit the dismissalof the above appeals, is granted. Appellant's voluntary dismissal is accepted, and theabove appeals are dismissed.In 2D21-107, Appellees' expedited motion to dismiss appeal and for attorneys'fees and Appellant's motion to consolidate appeals and for extension of time to respondto motion to dismiss are denied as moot.
|
|
| Docket Date |
2021-02-25
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction.The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties are requested to provide this court with individual status reports or a joint report.
|
|
| Docket Date |
2021-02-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2021-02-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellant's motion for extension of time to respond to appellee's expedited motion to dismiss appeal and for attorney's fees is granted. The response shall be served on or before February 8, 2021.
|
|
| Docket Date |
2021-02-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ APPELLANT'S MOTION TO CONSOLIDATE APPEALS AND FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2021-01-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2021-01-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEES' EXPEDITED MOTION TO DISMISS APPEAL AND FORATTORNEYS' FEES
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2021-02-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ APPELLANT'S MOTION FOR EXTENSION TO RESPOND TO MOTION TO DISMISS OF APPELLEES
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2021-01-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-01-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2021-01-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2021-02-24
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ AMENDED AND CORRECTED SUGGESTION OF BANKRUPTCY
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2022-09-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-09-13
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-09-13
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ In 2D21-107, Appellees' expedited motion to dismiss appeal and for attorneys' fees and Appellant's motion to consolidate appeals and for extension of time to respond to motion to dismiss are denied as moot.
|
|
| Docket Date |
2022-08-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLANT'S UNOPPOSED MOTION TO DISMISS APPEAL WITH PREJUDICE
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2022-02-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE VINCENT R. PEZZANO'S INDIVIDUAL STATUS REPORT ON BANKRUPTCY STAY
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2022-02-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE PEZZANO CONTRACTING AND DEVELOPMENT, LLC'S INDIVIDUAL STATUS REPORT ON BANKRUPTCY STAY
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2022-02-01
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Within 10 days of the date of this order, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-10-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE, VINCENT R. PEZZANO'S, INDIVIDUAL STATUS REPORT ON BANKRUPTCY STAY
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2021-10-06
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Compliance with this court's August 19, 2021, order is overdue. Within 10 days of the date of this order, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-08-19
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ By October 1, 2021, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-08-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT'S UPDATED STATUS REPORT AS TO BAD-FAITH BANKRUPTCIES OF APPELLEES
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2021-07-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE VINCENT R. PEZZANO'S INDIVIDUAL STATUS REPORT ON BANKRUPTCY STAY
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2021-07-13
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Within 10 days of the date of this order, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-02-25
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2021-02-22
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2021-02-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BRODIE - 1631 PAGES
|
|
|
|
IOU CENTRAL, INC. VS PEZZANO CONTRACTING AND DEVELOPMENT, LLC, ET AL
|
2D2020-3604
|
2020-12-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
17-CA-983-0001
|
Parties
| Name |
IOU CENTRAL INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
PAUL G. WERSANT, ESQ.
|
|
| Name |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
BENJAMIN H. YORMAK, ESQ., JEFFREY D. SAM, ESQ., MICHAEL R. DAL LAGO, ESQ., Richard J. Hollander, Esq., HENRY PAUL JOHNSON, ESQ.
|
|
| Name |
VINCENT R. PEZZANO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. LAUREN L. BRODIE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Appellant's unopposed motion to dismiss appeal with prejudice, attaching theBankruptcy Court's July 29, 2022, order approving the settlement between the partiesand modifying the automatic stay imposed by 11 U.S.C. 362(a) to permit the dismissalof the above appeals, is granted. Appellant's voluntary dismissal is accepted, and theabove appeals are dismissed.In 2D21-107, Appellees' expedited motion to dismiss appeal and for attorneys'fees and Appellant's motion to consolidate appeals and for extension of time to respondto motion to dismiss are denied as moot.
|
|
| Docket Date |
2022-09-13
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-09-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-08-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLANT'S UNOPPOSED MOTION TO DISMISS APPEAL WITH PREJUDICE
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2022-08-01
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Within ten days of the date of this order, the parties are requested to provide thiscourt with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2022-04-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE PEZZANO CONTRACTING AND DEVELOPMENT, LLC'S INDIVIDUAL STATUS REPORT ON BANKRUPTCY STAY
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2022-04-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE VINCENT R. PEZZANO'S INDIVIDUAL STATUS REPORT ON BANKRUPTCY STAY
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2022-04-19
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Within ten days of the date of this order, the parties are requested to provide thiscourt with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2022-02-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE VINCENT R. PEZZANO'S AMENDED1 INDIVIDUAL STATUS REPORT ON BANKRUPTCY STAY
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2022-01-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE PEZZANO CONTRACTING AND DEVELOPMENT, LLC'S SECOND INDIVIDUAL STATUS REPORT ON BANKRUPTCY STAY
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2022-01-04
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Within ten days of the date of this order, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-10-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE PEZZANO CONTRACTING AND DEVELOPMENT, LLC'S INDIVIDUAL STATUS REPORT ON BANKRUPTCY STAY
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2021-08-19
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ By October 1, 2021, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-08-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT'S UPDATED STATUS REPORT AS TO BAD-FAITH BANKRUPTCIES OF APPELLEES
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2021-07-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE PEZZANO CONTRACTING AND DEVELOPMENT, LLC'S INDIVIDUAL STATUS REPORT ON BANKRUPTCY STAY
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2021-07-13
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Within 10 days of the date of this order, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-02-25
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2021-02-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction.The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties are requested to provide this court with individual status reports or a joint report.
|
|
| Docket Date |
2021-02-24
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ AMENDED AND CORRECTED SUGGESTION OF BANKRUPTCY
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2021-02-22
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2021-01-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BRODIE - 1428 PAGES
|
|
| Docket Date |
2020-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2020-12-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-12-28
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service ~ AA PAUL G. WERSANT, ESQ. 48815
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2020-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
IOU CENTRAL, INC.
|
|
| Docket Date |
2020-12-17
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
c of s; mailing addresses
|
|
| Docket Date |
2020-12-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-12-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
IOU CENTRAL INC. D/B/A IOU FINANCIAL VS PEZZANO CONTRACTING AND DEVELOPMENT, LLC AND VINCENT R. PEZZANO AS GUARANTOR
|
2D2019-1117
|
2019-03-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
17-CA-983
|
Parties
| Name |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
PAUL G. WERSANT, ESQ., MATTHEW R. CHAIT, ESQ., AMY M. WESSEL JONES, ESQ., SEAN M. SMITH, ESQ.
|
|
| Name |
VINCENT R. PEZZANO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JEFFREY D. SAM, ESQ., STACEY S. FISHER, ESQ., HENRY PAUL JOHNSON, ESQ.
|
|
| Name |
HON. LAUREN L. BRODIE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-11-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ and remanded.
|
|
| Docket Date |
2020-11-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellees have filed a motion for appellate attorney's fees pursuant to section 57.105(7), Florida Statutes (2019). The motion is remanded to the trial court. If the movant establishes their entitlement thereto, the trial court is authorized to award all or a portion of their reasonable appellate attorney's fees. Appellant's response to the fee motion is noted.
|
|
| Docket Date |
2020-05-20
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2020-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ APPELLANT'S NOTICE OF SUPPLEMENTAL AUTHORITY PURSUANT TO FLA. R. APP. PROC. 9.225
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2020-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2020-04-15
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Video Oral Argument ~ To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument in this case will be conducted by video conference on the date scheduled. If the assigned judges decide that the Court will not benefit from oral argument or the parties file a joint stipulation to waive oral argument, the parties will be notified by order that the oral argument is canceled and the case will be resolved on the record and briefs. The Clerk of the Court will provide connection instructions to each participant one week before the argument.
|
|
| Docket Date |
2020-03-05
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, MAY 20, 2020, at 11:00 A.M., before: Judge Morris Silberman, Judge Anthony K. Black, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2020-02-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2020-01-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2020-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 15 - RB DUE 1/31/20
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 45 - RB DUE 1/16/20
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-11-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEES' MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-10-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2019-10-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2019-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by November 1, 2019.
|
|
| Docket Date |
2019-10-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2019-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 40 - AB due 10/14/19
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2019-08-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-07-12
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 55 PAGES
|
|
| Docket Date |
2019-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
eot for brief; date certain ~ This court has received a motion for extension of time that is dependent on the action of the circuit or agency clerk or court reporter. To facilitate monitoring compliance with this order, the court is unwilling to grant an extension of time to a date that is subject to future action by third parties. As such, the appellant's motion is granted to the extent that the initial brief shall be served by August 5, 2019. If the appellant is unable to timely serve the brief due to the delay of this third party, the next appropriate step is the filing of a motion to compel in this court.
|
|
| Docket Date |
2019-07-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-07-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
| Docket Date |
2019-07-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB due 07/10/19
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-04-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **CONFIDENTIAL** 39 PAGES
|
|
| Docket Date |
2019-04-22
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
Consolidation-130 ~ The above cases are consolidated for appeal for all purposes. All electronic filings in these consolidated cases shall be filed using the earliest case number. The briefing schedule is to be determined by the time tables for appeal no. 2D19-0438.
|
|
| Docket Date |
2019-04-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2019-03-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-03-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-03-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-03-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2019-03-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2019-03-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
|
|
IOU CENTRAL INC. D/B/A IOU FINANCIAL VS PEZZANO CONTRACTING AND DEVELOPMENT, LLC, VINCENT R. PEZZANO AS GUARANTOR
|
2D2019-0438
|
2019-02-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2017-CA-000983-0001-XX
|
Parties
| Name |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SEAN M. SMITH, ESQ., PAUL G. WERSANT, ESQ., MATTHEW R. CHAIT, ESQ., AMY M. WESSEL JONES, ESQ.
|
|
| Name |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
HENRY PAUL JOHNSON, ESQ., JEFFREY D. SAM, ESQ., STACEY S. FISHER, ESQ.
|
|
| Name |
VINCENT R. PEZZANO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. LAUREN L. BRODIE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-11-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ and remanded.
|
|
| Docket Date |
2020-11-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellees have filed a motion for appellate attorney's fees pursuant to section 57.105(7), Florida Statutes (2019). The motion is remanded to the trial court. If the movant establishes their entitlement thereto, the trial court is authorized to award all or a portion of their reasonable appellate attorney's fees. Appellant's response to the fee motion is noted.
|
|
| Docket Date |
2020-05-20
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2020-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ APPELLANT'S NOTICE OF SUPPLEMENTAL AUTHORITY PURSUANT TO FLA. R. APP. PROC. 9.225
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2020-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2020-04-15
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Video Oral Argument ~ To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument in this case will be conducted by video conference on the date scheduled. If the assigned judges decide that the Court will not benefit from oral argument or the parties file a joint stipulation to waive oral argument, the parties will be notified by order that the oral argument is canceled and the case will be resolved on the record and briefs. The Clerk of the Court will provide connection instructions to each participant one week before the argument.
|
|
| Docket Date |
2020-03-05
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, MAY 20, 2020, at 11:00 A.M., before: Judge Morris Silberman, Judge Anthony K. Black, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2020-02-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2020-01-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2020-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 15 - RB DUE 1/31/20
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 45 - RB DUE 1/16/20
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-11-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEES' MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-10-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2019-10-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2019-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by November 1, 2019.
|
|
| Docket Date |
2019-10-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2019-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 40 - AB due 10/14/19
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2019-08-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-07-12
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 115 PAGES
|
|
| Docket Date |
2019-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
eot for brief; date certain ~ This court has received a motion for extension of time that is dependent on the action of the circuit or agency clerk or court reporter. To facilitate monitoring compliance with this order, the court is unwilling to grant an extension of time to a date that is subject to future action by third parties. As such, the appellant's motion is granted to the extent that the initial brief shall be served by August 5, 2019. If the appellant is unable to timely serve the brief due to the delay of this third party, the next appropriate step is the filing of a motion to compel in this court.
|
|
| Docket Date |
2019-07-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-07-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
| Docket Date |
2019-07-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB due 07/10/19
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-04-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BRODIE - 654 PAGES
|
|
| Docket Date |
2019-04-22
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
Consolidation-130 ~ The above cases are consolidated for appeal for all purposes. All electronic filings in these consolidated cases shall be filed using the earliest case number. The briefing schedule is to be determined by the time tables for appeal no. 2D19-0438.
|
|
| Docket Date |
2019-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60 - IB due 06/10/19
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-03-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BRODIE - 308 PAGES
|
|
| Docket Date |
2019-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PEZZANO CONTRACTING AND DEVELOPMENT, LLC
|
|
| Docket Date |
2019-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-02-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
| Docket Date |
2019-02-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-02-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2019-02-01
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2019-02-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER APPEALED
|
| On Behalf Of |
IOU CENTRAL INC. D/B/A IOU FINANCIAL
|
|
|
